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HomeMy WebLinkAbout020273 RES - 04/12/1988A RESOLUTION AUTHORIZING THE ACQUISITION OF PARCELS 1 AND 3 IN CONNECTION WITH THE RELOCATION OF FIRE STATION NUMBER 1; APPROPRIATING $519,587 FROM THE 531 PUBLIC HEALTH AND SAFETY BOND FUND. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute the documents necessary for the acquisition of Parcels 1 and 3 in connection with the relocation of Fire Station Number 1, substantial copies of which documents are attached hereto as Exhibits A and B. SECTION 2. There is hereby appropriated $519,587 from the 531 Public Health and Safety Bond Fund for said acquisition. ATTEST: City Secretary APPROVED: 7744 DAY OF 400/ , 1988' HAL GEORGE, CITY ATTORNEY 206RP031.res AYOR THE CITY OF CORPUS CHRISTI, TEXAS 20273 MICROFILMED CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) I certify to the City Council that $ 519,587.00 April 12, 1988 , the amount required for the contract, agreement, obligation or expenditures contemplated in the above and foregoing ordinance is in the Treasury of the City of Corpus Christi to the credit of: Fund No. and Name 531 Public Health and Safety Bond Fund Project No. 531-86-5.1 Project Name Relocation of Fire Station Number 1 from which it is proposed to be drawn, and such money is not appropriated for any other purpose.• Parcel 1 $427,500 $ 200 Acquisition Closing Costs Parcel 3 $ 90,000 Acquisition $ 890 Closing Costs 997 Appraisal Serv. FIN 2-55 Revised 7/31/69 $427,700 $ 90,890 $ 997 $519,587 3, % �L6`"/?2 y/i/ ect• of Finance 19 82 City of Corpus Christi, Texas Property and Land Acquisition Division REAL ESTATE SALES CONTRACT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This memorandum of agreement made and entered into by and between COASTAL BEND ALCOHOLISM REHABILITATION CENTER, INC., hereinafter called SELLER, of the County of NUECES, State of TEXAS, and the CITY OF CORPUS CHRISTI, hereinafter called BUYER, of the County of Nueces, State of Texas, WITNESSETH: 1. The SELLER, for the consideration and upon the terms hereinafter set out, hereby agrees to sell and convey unto BUYER, and BUYER agrees to buy the following described property situated in Nueces County, Texas, to -wit: Lot One [1], Block Thirty-six [36], Beach Portion to the City of Corpus Christi, Nueces County, Texas, according to Map or Plat recorded in Volume A, Page 3, Map Records of Nueces County, Texas. "Real Estate Sales Contract" FIRE STATION NO. 1 Parcel 3 [Coastal Bend Alcoh. Rehabil Ctr.] Page 1 of 6 2. The purchase price is Ninety thousand Dollars and no cents [$90,000.00]. 3. The SELLER shall provide at the expense of BUYER, a title insurance policy, without exceptions to said title being made in said title policy, which policy shall wholly insure and indemnify the BUYER against any title defects or adverse claims thereto. Said title insurance policy shall be issued through a reliable title insurance company and shall be delivered to the BUYER on the date of the closing of this transaction. 4. Upon the securing of the title insurance policy provided for herein, SELLER agrees to deliver at the expense of BUYER a good and sufficient general warranty deed drawn in accordance with the provisions of this contract, properly conveying said property to said BUYER, and BUYER agrees thereupon to make the cash payment. 5. All taxes to be paid by SELLER up to and including the year 1987. 6. All current taxes, if any, are to be prorated between the BUYER and the SELLER for the year 1988 to date of closing, except as may be herein otherwise provided. 7. BUYER has this day deposited with the title insurance company or title guaranty company the sum of $4,500.00 as earnest money hereunder to be applied on the cash payment above set out when the transaction is closed, at which time the balance of cash consideration shall also be paid. Should the BUYER fail to consummate this contract as herein specified for any reason, except title defects, "Real Estate Sales Contract" FIRE STATION NO. 1 Parcel 3 [Coastal Bend Alcoh. Rehabil. Ctr.] -2- the SELLER shall be entitled to receive said cash deposit as liquidated damages for the breach of this contract, or may at SELLER'S option, enforce specific performance hereof. When the executed deed and any other necessary executed papers and the balance of the cash payment are in possession of the title insurance company or title guaranty company said title company will close the transaction in accordance with its usual and customary procedure. In the event SELLER fails to tender a deed conveying said property in accordance with the terms of the contract within the time provided herein, the BUYER may enforce performance of this contract by an action for specific performance thereof. 8. The BUYER agrees to accept title subject to all outstanding restrictive covenants and use restrictions, if any, of record, and all city zoning and regulatory ordinances, if any, applicable to said property. 9. It is understood by all parties hereto that this transaction is to be closed through the title insurance company or title guaranty company on or before ninety [90] days from this date. Possession to be given to BUYER upon execution of the "Warranty Deed" by SELLER. 10. By SELLER'S execution hereof, SELLER acknowledges that SELLER has read this agreement and understands that this agreement is not binding on BUYER until properly authorized by the City Council and executed by the City Manager of the City of Corpus Christi, Texas. It is further understood, however, that BUYER must execute this agreement within sixty [60] days from the date of. SELLER'S execution or this agreement shall be null. and void and none of the provisions hereinabove set out will bind either party. "Real Estate Sales Contract" FIRE STATION NUMBER 1 Parcel 3 [Coastal Bend Aicoh. Rehabil. Ctr.] -3- 11. SELLER is to retain the improvements. If said improvements pass building inspection and can be moved to another loction, SELLER must comply with all City Codes, Moving Regulations and City Ordinances. SELLER agrees to remove s/a(id improvements at SELLER'S expense within or V • ilet) t(Lt_x__ before yj_.r days after execution of the warranty deed. In the event that said improvements cannot be moved from the present location within the prescribed time period, then the City shall have the right to remove said improvements and clear the land. 12. SELLER agrees to pay the Real Estate Agent, W. L. Bates Co., Inc. a commission of (6%) six per- cent of purchase price for negotiating this trans- action. "Real Estate Sales Contract" FIRE STATION NO. 1 Parcel 3 [Coastal Bend Alcoh. Rehabil Ctr.] -4- EXECUTED in triplicate, either copy of which shall constitute an original. COASTAL BEND ALCOHOLISM REHABILITATION CENTER, INC. •c lit r. l'ti t '—�Q �' Q° tiS t 1J (l ill Dated this day of , 1988. By: SELLER CITY OF CORPUS CHRISTI, TEXAS City Manager Dated this day of , 1988. BUY E R ATTEST: ARMAN'DO CHAPA, CITY SECRETARY City Secretary APPROVED AS TO LEGAL FORM THIS THE ,25 -ii DAY OF /7249-49e/71 , 1988. HAL GEORGE, CITY ATTORNEY By : Assistant City Att ney "Real Estate Sales Contract" FIRE STATION NO. 1 Parcel 3 [Coastal Bend Alcoh. Rehabil. Ctr.] -5- THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this L5 day of /72/o,,,,4/_. ., 1988 by Notary ubli in and for the State of Texas THE STATE OF TEXAS ¶M[ COUNTY OF NUECES 1111$ This instrument was acknowledged before me on this day of , 1988 by - City Manager for the City of Corpus Christi, Texas, a municipal corporation, on behalf of said municipal corporation. Notary Public in and for the State of Texas [NOTE] [please print, type or stamp name & expira- tion date of notary public below EACH notary] "Real Estate Sales Contract" FIRE STATION NO. 1 Parcel 3 [Coastal Bend Alcoh. Rehabil. Ctr.] Page 6 of 6 City of Corpus Christi, Texas Property and Land Acquisition Division REAL E S TAT E SAL E S CONTRACT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This memorandum of agreement made and entered into by and between RICHARD L. WOOD, hereinafter called SELLER, of the County of NUECES, State of TEXAS, and the CITY OF CORPUS CHRISTI, hereinafter called BUYER, of the County of Nueces, State of Texas, WITNESSETH: 1. The SELLER, for the consideration and upon the terms hereinafter set out, hereby agrees to sell and convey unto BUYER, and BUYER agrees to buy the following described property situated in Nueces County, Texas, to -wit: All of Lots Seven [7], Eight [8], Nine [9], Ten [10], Eleven [11], and Twelve [12] inclusive, Block Thirty-six [36], Beach Portion of the City of Corpus Christi, Nueces County, Texas, as shown by map or plat thereof, recorded in Volume A, Page 3, Map Records, Nueces County, Texas. "Real Estate Sales Contract" FIRE STATION NUMBER 1 Parcel 1 [Wood] Page 1 of 6 1.4b,-) 2. The purchase price is Four hundred Twenty-seven thousand Five hundred Dollars and no cents [$427,500.00]. 3. The SELLER shall provide at the expense of SELLER, a title insurance policy, without exceptions to said title being made in said title policy, which policy shall wholly insure and indemnify the BUYER against any title defects or adverse claims thereto. Said title insurance policy shall be issued through San Jacinto Title Company and shall be delivered to the BUYER on the date of the closing of this transaction. 4. Upon the securing of the title insurance policy provided for herein, SELLER agrees to deliver at the expense of BUYER a good and sufficient general warranty deed drawn in accordance with the provisions of this contract, properly conveying said property to said BUYER, and BUYER agrees thereupon to make the cash payment. 5. All taxes to be paid by SELLER up to and including the year 1987. 6. All current taxes, if any, are to be prorated between the BUYER and the SELLER for the year 1988 to date of closing, except as may be herein otherwise provided: 7. BUYER has this day deposited with the title insurance company or title guaranty company the sum of $10,000.00 as earnest money hereunder to be applied on the cash payment above set out when the transaction is closed, at which time the balance of cash consideration shall also be paid. Should the BUYER fail to consummate this contract as herein specified for any reason, except title defects, "Real Estate Sales Contract" FIRE STATION NUMBER 1 Parcel 1 [Wood] -2- the SELLER shall be entitled to receive said cash deposit as liquidated damages for the breach of this contract, or may at SELLER'S option, enforce specific performance hereof. When the executed deed and any other necessary executed papers and the balance of the cash payment are in possession of the title insurance company or title guaranty company said title company will close the transaction in accordance with its usual and customary procedure. In the event SELLER fails to tender a deed conveying said property in accordance with the terms of the contract within the time provided herein, the BUYER may enforce performance of this contract by an action for specific performance thereof. 8. The BUYER agrees to accept title subject to all outstanding restrictive covenants and use restrictions, if any, of record, and all city zoning and regulatory ordinances, if any, applicable to said property. 9. It is understood by all parties hereto that this transaction is to be closed through the title insurance company or title guaranty company on or before ninety [90] days from this date. Possession to be given to BUYER upon execution of the "Warranty Deed" by SELLER. 10. By SELLER'S execution hereof, SELLER acknowledges that SELLER has read this agreement and understands that this agreement is not binding on BUYER until properly authorized by the City Council and executed by the City Manager of the City of Corpus Christi, Texas. It is further understood, however, that BUYER must execute this agreement within sixty [60] days from the date of SELLER'S execution or this agreement shall be null and void and none of the provisions hereinabove set out will bind either party. "Real Estate Sales Contract" FIRE STATION NUMBER 1 Parcel 1 [Wood] -3- 11. SELLER agrees to pay the Real Estate Agent, W. L. Bates Co., Inc. a commission of [6%] six percent of purchase price for negotiating this transaction. "Real Estate Sales Contract" FIRE STATION NUMBER 1 Parcel 1 [Wood] —4— EXECUTED in triplicate, either copy of which shall constitute an original. Dated this By: Ri hard L. Wood � day of Iiref , 1988. S ELL E R CITY OF CORPUS CHRISTI, TEXAS Dated this Juan Garza City Manager day of , 1988. BUY E R ATTEST: ARMANDO CHAPA, CITY SECRETARY City Secretary APPROVED AS TO LEGAL FORM THIS THE -2574;4 DAY OF 7 7,, /'(/7/ By: HAL GEORGE, CITY ATTORNEY Assistant City t torney "Real Estate Sales Contract" FIRE STATION NUMBER 1 Parcel 1 [Wood] -5- , 1988. THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this „2._-_W day of ,� , , 1988 by Richard L. Wood. Notary Public i and for the State of Texas THE STATE OF TEXAS ¶1[1F COUNTY OF NUECES ¶M[ This instrument was acknowledged before me on this day of , 1988 by Juan Garza, City Manager for the City of Corpus Christi, Texas, a municipal corporation, on behalf of said municipal corporation. Notary Public in and for the State of Texas [NOTE] [please print, type or stamp name & expira- tion date of notary public below EACH notary] "Real Estate Sales Contract" FIRE STATION NUMBER 1 Parcel 1 [Wood] Page 6 of 6 The above resolution Betty N. Turner David Berlanga, Sr. Leo Guerrero Clif Moss Bill Pruet Mary Rhodes Frank Schwing, Jr. Mary Pat Slavik Linda Strong 99.066.01 Corpus Christi, Texas /%27141 day of the following vote: • 20273 , 198b